{"id":"alj-H307961-2024-09-10","awcc_number":"H307961","decision_date":"2024-09-10","opinion_type":"alj","claimant_name":"Derrick Ly","employer_name":"Simmons Prepared Foods, Inc","title":"LY VS. SIMMONS PREPARED FOODS, INC. AWCC# H307961 September 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2"],"injury_keywords":["shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/LY_DERRICK_H307961_20240910.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LY_DERRICK_H307961_20240910.pdf","text_length":2440,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H307961 \n \nDERRICK LY, Employee       CLAIMANT \n \nSIMMONS PREPARED FOODS, INC., Employer   RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT SERVICES, Carrier/TPA RESPONDENT \n \n \n OPINION FILED SEPTEMBER 10, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by R. SCOTT ZUERKER, Attorney at Law, Fort Smith, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn December  18,  2023,  the  claimant,  through  his  attorney,  Jarid  Kinder, filed  an  AR-C \nrequesting  various  compensation  benefits  in  which he alleged an  injury  to  his right  arm  and \nshoulder on November 16, 2023. The claim was controverted in its entirety. \nOn January 23, 2024, Mr. Kinder filed a Motion to Withdraw as Counsel, which the Full \nCommission granted on February 16, 2024. No further action was taken regarding this claim. \n On June 24, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was scheduled for August 15, 2024. Notice of that \nhearing was sent to the claimant by certified mail, return receipt requested on July 9, 2024. That \ncertified mail notice was returned to the Commission by the Post Office with a notation “Return \nto Sender. Not Deliverable as Addressed. Unable to Forward.” \n\nLy – H307961 \n \n-2- \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H307961 DERRICK LY, Employee CLAIMANT SIMMONS PREPARED FOODS, INC., Employer RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES, Carrier/TPA RESPONDENT OPINION FILED SEPTEMBER 10, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Seb...","fetched_at":"2026-05-19T22:48:40.255Z","links":{"html":"/opinions/alj-H307961-2024-09-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/LY_DERRICK_H307961_20240910.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}